Delaware Annotations

Protection of Burials

Acts Prohibited by Law and Subject to Criminal Sanctions

What is the criminal liability for unlawfully excavating human remains or archaeological resources?

Any person who excavates, salvages, recovers, or removes any archaeological resource, or disturbs its surrounding location, located on State lands, without a permit, will, upon conviction, be sentenced to pay a fine between $1000 and $10,000, or to imprisonment of up to 30 days, or both. Each day of violation is considered a separate offense and is punishable as such.

What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?

A person is guilty of trading in human remains and associated funerary objects when the person knowingly sells, buys or transports for sale or profit, or offers to buy, sell or transport for sale or profit, within the State, any unlawfully removed human remains or any associated funerary objects. Trading in human remains and associated funerary objects is a class B misdemeanor.

Any person who knowingly acquires or sells human skeletal remains removed from unmarked burials in Delaware in violation of Delaware law, or knowingly exhibits human skeletal remains will, upon conviction, be sentenced to pay a fine between $1,000 and $10,000 or be imprisoned not more than 2 years or both.

What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?

Any person who unlawfully collects, recovers or removes any archaeological resource, or its surrounding context, located on State lands, without a permit, will, upon conviction, be sentenced to pay a fine between $1000 and $10,000, or to imprisonment of up to 30 days, or both. Each day of violation is considered a separate offense and is punishable as such.

Any person who unlawfully damages, alters or defaces any archaeological resource located on State lands, without a permit, shall, upon conviction, be sentenced to pay a fine between $1000 and $10,000, or to imprisonment of up to 30 days, or both. Each day of violation is considered a separate offense and is punishable as such.

What is the criminal liability for defacing or destroying historical or archaeological sites?

Municipal monuments

A person who intentionally defaces, damages or otherwise physically mistreats any public monument or structure or any other object of veneration by the public, in a public place and in a way in which the actor knows will outrage the sensibilities of persons likely to observe or discover the actions is has committed the Class A misdemeanor of Desecration.

Any person who unlawfully damages, alters or defaces any archaeological resource, or its surrounding location or context, located on State lands, without a permit, shall, upon conviction, be sentenced to pay a fine a fine between $1000 and $10,000, or to imprisonment of up to 30 days, or both. Each day of violation is considered a separate offense and is punishable as such.

What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?

We are unable to locate information relevant to this question at this time.

What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?

Destruction of cemetery or mortuary property

A person who intentionally defaces, damages, pollutes or otherwise physically mistreats or desecrates a burial place is guilty of a class A misdemeanor and upon conviction shall be fined not less than $1,000 nor more than $10,000.

What is the criminal liability for unlawfully taking or possessing monuments or gravestones?

A person is guilty of trading in human remains and associated funerary objects when the person knowingly transports for sale or profit, or offers transport for sale or profit, within this State, any unlawfully removed human remains or gravestone, monument, tomb or other structure in or directly associated with a burial site. Trading in human remains and associated funerary objects is a class B misdemeanor.

What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?

Delaware law does not explicitly mention petroglyphs or cave surfaces. However, any person who unlawfully damages, alters or defaces any archaeological resource, or its surrounding location or context, located on State lands, without a permit, shall, upon conviction, be sentenced to pay a fine between $1000 and $10,000, or to imprisonment of up to 30 days, or both. Each day of violation is considered a separate offense and is punishable as such.

What specific laws restrict the alienation or use of historic burial places?

Delaware does not restrict the alienation of historical burial places. However, the Division may temporarily restrict or close public access to any archaeological resource on State lands and its surrounding location, in instances where (1) the Director decides there is an imminent threat to an archaeological resource due to the effects of natural forces or human intervention, (2) the Director finds that an archaeological investigation is needed to determine if a resource is of archaeological interest; and/or (3) the Director has issued a permit for archaeological investigation.

The period of a restriction or closure may not exceed 90 days, unless the Director has issued a permit for archaeological investigation of an archaeological resource, in which case the period of the restriction or closure is the term of the permit.

The Director may, with the approval of the Secretary of State, extend a period of restriction or closure. But the Director must first consult with the state land managing agency in or on which the archaeological resource is located, as to the need for extending the period. In instances of imminent threat to an archaeological resource, the Director shall hold a public hearing, take into account the comments provided at the public hearing, and within 15 days notify both local governments and the public of the Director's decision on whether or not to extend the restriction or closure of access. The decision shall be published in a daily newspaper of statewide and general circulation in the county in which the restriction or closure will occur.

Any person whose interest is substantially affected may appeal a decision of the Division regarding access to an archaeological resource. The appeal must be made to the Secretary, and filed with the Secretary within 60 days from the issuance of the Division's decision.

A person is guilty of a class B misdemeanor when the person knowingly transports (or offers transport) for sale or profit, within this State, any unlawfully removed gravestone, monument, tomb or other structure in or directly associated with a burial site.

A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable person knows would outrage ordinary family sensibilities. Abusing a corpse is a class A misdemeanor.

A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it. Theft is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,000 or greater, in which case it is a class G felony. Where the value of the property is more than $50,000 but less than $100,000, theft is a class E felony. Where the value of the property is $100,000 or more, theft is a class C felony.

What are the general state criminal laws for receiving stolen property?

A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing or believing that it has been acquired via theft.

Receiving stolen property is a class A misdemeanor unless the value of the property is $1,000 or more, or if the receiver has twice before been convicted of receiving stolen property, in which case it is a class G felony.

A person is guilty of first degree criminal trespass when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals. Criminal trespass in the first degree is a class A misdemeanor.

A person is guilty of second degree criminal trespass when the person knowingly enters or remains unlawfully in a building or real property which is fenced or enclosed in a manner designed to exclude intruders. Criminal trespass in the second degree is an unclassified misdemeanor.

A person is guilty of criminal mischief when the person intentionally or recklessly damages tangible property of another person, tampers with tangible property of another person so as to endanger person or property.

Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $1,500 or more, or if the actor intentionally causes a substantial interruption or impairment of a public service (gas, water, etc).

Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of $1,000;

A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner.

Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony.

The penalty for graffiti includes a minimum fine of $1000 which shall and 250 hours of community service, at least half of which shall be served removing graffiti on public property.

The minimum fine and community service hours is doubled for a any subsequent graffiti conviction.

A person is guilty of a hate crime who intentionally commits, or attempts to commit, a crime to interfere with the victim's free exercise or enjoyment of any right, privilege or immunity protected by the First Amendment of the US Constitution or selects the victim based on race, religion, color, disability, sexual orientation, national origin or ancestry.

If the underlying crime is a violation or unclassified misdemeanor, the hate crime constitutes a class A misdemeanor.

If the underlying crime is a class A, B, or C misdemeanor, the hate crime constitutes a class G felony.

If the underlying crime is a class C, D, E, F, or G felony, the hate crime constitutes one grade higher than the underlying offense;

If the underlying crime is a class A or B felony, the hate crime shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.

A qualified person can apply for a permit to conduct archaeological excavation on state lands. The application must contain information concerning the time, scope, location, specific purpose of the proposed work, and proposed disposition of recovered materials and associated records. Permits will be issued where the purpose of the activity is the furthering of archaeological knowledge in the public interest, where any archaeological resources removed from state lands will remain the property of the State of Delaware, where the activity is not inconsistent with other management plans and where the proposed activity will not interfere with archaeological investigations being conducted or planned by the Division.

The Division may set reasonable permit fees and renew a permit upon or prior to expiration. The Division may suspend or revoke a permit if the permit holder has not substantially commenced or is not diligently pursuing the archaeological investigation or in instances of permit violation.

How is the collection or removal of historical and archaeological resources restricted in this state?

No person may collect, salvage, recover, remove, or otherwise alter any archaeological resource or its surrounding location located on state lands without first having obtained a permit from the Division

A qualified person can apply for a permit to conduct archaeological excavation on state lands. The application must contain information concerning the time, scope, location, specific purpose of the proposed work, and proposed disposition of recovered materials and associated records. Permits will be issued where the purpose of the activity is the furthering of archaeological knowledge in the public interest, where any archaeological resources removed from state lands will remain the property of the State of Delaware, where the activity is not inconsistent with other management plans and the proposed activity will not interfere with archaeological investigations being conducted or planned by the Division.

The Division may set reasonable permit fees and renew a permit upon or prior to expiration. The Division may suspend or revoke a permit if the permit holder has not substantially commenced or is not diligently pursuing the archaeological investigation or in instances of permit violation.

All artifacts or material remains found on state lands and records relating to research, surveys and excavation conducted must be deposited for permanent preservation in either the University of Delaware Department of Anthropology or the Division of Historical and Cultural Affairs, or in another repository approved by the Director.

What specific laws restrict the alienation or use of historic burial places?

The Division may temporarily restrict or close public access to any archaeological resource on State lands and its surrounding location, in instances where (1) the Director decides there is an imminent threat to an archaeological resource due to the effects of natural forces or human intervention, (2) the Director finds that an archaeological investigation is needed to determine if a resource is of archaeological interest; and/or (3) the Director has issued a permit for archaeological investigation.

The period of a restriction or closure may not exceed 90 days, unless the Director has issued a permit for archaeological investigation of an archaeological resource, in which case the period of the restriction or closure is the term of the permit.

The Director may, with the approval of the Secretary of State, extend a period of restriction or closure. But the Director must first consult with the state land managing agency in or on which the archaeological resource is located, as to the need for extending the period. In instances of imminent threat to an archaeological resource, the Director shall hold a public hearing, take into account the comments provided at the public hearing, and within 15 days notify both local governments and the public of the Director's decision on whether or not to extend the restriction or closure of access. The decision shall be published in a daily newspaper of statewide and general circulation in the county in which the restriction or closure will occur.

Any person whose interest is substantially affected may appeal a decision of the Division regarding access to an archaeological resource. The appeal must be made to the Secretary, and filed with the Secretary within 60 days from the issuance of the Division's decision.

Time Limits for Bringing Criminal Action

What time limits govern the initiation of a criminal action related to the protection of burials?

We are unable to locate information relevant to this question at this time.

Time Limits for Bringing Civil Action

What time limits govern the initiation of a civil action related to the protection of burials?

Delaware is silent on this issue regarding burials. However, no action to recover damages for trespass, regain possession of personal chattels, recover damages for the detention of personal chattels and no action based on a statute shall be brought after 3 years from the cause of such action.

The sentence for a class A misdemeanor may include up to 1 year incarceration and a fine up to $2,300 other conditions as the court deems appropriate.

The sentence for a class B misdemeanor may include up to 6 months incarceration and a fine up to $1,150 or other conditions as the court deems appropriate.

The sentence for an unclassified misdemeanor is specified in the law defining the offense. If no sentence is specified, the sentence may include up to 30 days incarceration and $575 in fines other conditions as the court deems appropriate.

Civil or Administrative

What are the civil sanctions related to burial protection in the state?

Delaware law does not spell out civil sanctions regarding burial protection. However, in instances of archeological burial sites, the excavation, collection, recovery, removal, damaging, or otherwise altering of any archaeological resource on State land carries a civil penalty of not less than $1000 but not exceeding $10,000.

How can the state exercise eminent domain over a cemetery or historic property?

The Department of State may exercise eminent domain to acquire, repair, restore, operate and make available for public use any historic property it may deem worthy of preservation in the public interest.

How are conservation and preservation easements created in this state?

A conservation easement is created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered in the same manner as other easements.

Except for the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.

An interest in real property in existence at the time a conservation easement is created is not impaired by it, unless the owner of the interest is a party to the conservation easement or consents to it.

How does the state create authorized rights-of-way through cemetery property?

We are unable to locate information relevant to this question at this time.

How are the transfer of cemetery lots and the disposition of cemetery land regulated?

The owner of a burial plot may convey it in trust to the corporation owning or maintaining the cemetery or to any trust company bank organized under the laws of the United States and doing business in Delaware and such recipient may hold the title for the use and benefit of the owner pursuant to the terms of the deed of trust.

Before any such conveyance is made, the corporation owning or conducting the cemetery must authorize the conveyance.

If the remains are determined to be Native American, the Committee shall be within five days of discovery. Within sixty days of notification, the Director will provide the Committee with a written plan for the disposition of the Native American skeletal remains. Disposition of Native American remains is determined by the Committee or, if direct descent can be determined, by the next-of-kin.

For remains that other than Native American, the Director must publish notice of all excavations of human skeletal remains once per week for two successive weeks in a newspaper of general circulation.

Disposition of these remains shall be subject to the written permission of the next-of-kin who notify the Director within 30 days of the last published notice. Disposition shall be determined by the next-of-kin or, if unknown, by the Director.

The Department of State has the power and duty to encourage cooperation among State agencies in the preservation, protection and excavation of archaeological resources within the custody of other state agencies.

It also must preserve archaeological resources discovered during the course of any public construction in this State as deemed appropriate by the Director of the Division of Historical and Cultural Affairs.

A qualified person can apply for a permit to conduct archaeological excavation on state lands. The application must contain information concerning the time, scope, location, specific purpose of the proposed work, and proposed disposition of recovered materials and associated records. Permits will be issued where the purpose of the activity is the furthering of archaeological knowledge in the public interest, where any archaeological resources removed from state lands will remain the property of the State of Delaware, where the activity is not inconsistent with other management plans and the proposed activity will not interfere with archaeological investigations being conducted or planned by the Division.

The Division may set reasonable permit fees and renew a permit upon or prior to expiration. The Division may suspend or revoke a permit if the permit holder has not substantially commenced or is not diligently pursuing the archaeological investigation or in instances of permit violation.

All artifacts or material remains found on state lands and records relating to research, surveys and excavation conducted must be deposited for permanent preservation in either the University of Delaware Department of Anthropology or the Division of Historical and Cultural Affairs, or in another repository approved by the Director.

When unmarked remains are encountered during agriculture or construction, the discovering party must cease activity immediately upon discovery and notify the Chief Medical Examiner of the Secretary of the Department of Health and the Social Services Director of the Division of Historical and Cultural Affairs.

Remains encountered by a professional archaeologist must be reported to the Director. Excavation and other activities may resume after approval by the Director.

When unmarked remains are encountered during agriculture or construction, the discovering party must cease activity immediately upon discovery and notify the Chief Medical Examiner of the Secretary of the Department of Health and the Social Services Director of the Division of Historical and Cultural Affairs.

Remains encountered by a professional archaeologist must be reported to the Director. Excavation and other activities may resume after approval by the Director.

The Division must provide communication, cooperation, and exchange of information to private individuals having collections of archaeological resources and data which were obtained through legal means and professional archeologists.

Archaeological excavations on privately owned lands are discouraged, except in accordance with and pursuant to the spirit and policy of Title Seven, Chapter 54 of Delaware code. Anyone with knowledge of the location of archaeological resources in Delaware are encouraged to communicate such information to the Director or to the Chairperson of the Department of Anthropology of the University of Delaware.

What are the procedures for discoveries of human remains and artifacts of cultural significance?

When unmarked remains are encountered during agriculture or construction, the discovering party must cease activity immediately upon discovery and notify the Chief Medical Examiner of the Secretary of the Department of Health and the Social Services Director of the Division of Historical and Cultural Affairs.

Remains encountered by a professional archaeologist must be reported to the Director. Excavation and other activities may resume after approval by the Director.

What are the procedures for the disposition of human remains and funerary artifacts?

If the remains are determined to be Native American, the Committee shall be within five days of discovery. Within sixty days of notification, the Director will provide the Committee with a written plan for the disposition of the Native American skeletal remains. Disposition of Native American remains is determined by the Committee or, if direct descent can be determined, by the next-of-kin.

For remains that other than Native American, the Director must publish notice of all excavations of human skeletal remains once per week for two successive weeks in a newspaper of general circulation.

Disposition of these remains shall be subject to the written permission of the next-of-kin who notify the Director within 30 days of the last published notice. Disposition shall be determined by the next-of-kin or, if unknown, by the Director.

What are the procedures for the removal and re-interment of human remains from cemeteries?

A permit for disinterment and reinterment of a dead body is issued by the State Registrar upon receipt of an application signed by the next-of-kin and the person who is in charge of the disinterment or court order or application by the Attorney General to request a special disinterment permit for legal purposes.

The State Registrar may issue 1 permit for disinterment and reinterment multiple remains provided that each body be identified as much as possible and the place of disinterment and reinterment specified.

How does the state regulate the opening and construction of highways through burial grounds or cemeteries?

We are unable to locate information relevant to this question at this time.

How does the state identify, preserve, and control Native American sacred sites?

If the Native American site is a historic or archeological site, the Department of State may select for preservation, acquire, repair, restore, operate and make available for public visitation the site as it deems worthy.

No person may excavate, collect, salvage, recover, remove, damage, or otherwise alter archaeological resource located in or on state lands, including subaqueous lands, without first having obtained a permit from the Division.

The Division is also entitled to operate a Shipwreck Management Program to encourage the identification, protection, and, where appropriate, the recovery and disposition of abandoned shipwrecks embedded in or located on state-owned or state-controlled subaqueous lands.

We are unable to located information relevant to this question at this time.

What are the procedures for transferring land and property containing historic or cultural resources?

The Department of State may acquire by gift, devise, purchase or otherwise, historic buildings, sites, objects or archaeological resources it may select to prevent the further loss national heritage and culture.

A permit for disinterment and reinterment of a dead body is issued by the State Registrar upon receipt of an application signed by the next-of-kin and the person who is in charge of the disinterment or court order or application by the Attorney General to request a special disinterment permit for legal purposes.

The State Registrar may issue 1 permit for disinterment and reinterment multiple remains provided that each body be identified as much as possible and the place of disinterment and reinterment specified.

.How is environmental impact measured for historic and archeological resources?

Holders of permits to conduct archaeological investigations on state lands are responsible for obtaining the permission of other state agencies having jurisdiction, including the Department of Natural Resources and Environmental Control, prior to conducting any archaeological investigation on state lands.

The Director of the Division of Historical and Cultural Affairs may, with the approval of the Secretary of State, indefinitely restrict access to and recovery of certain shipwrecks on state lands that have particular environmental values.

The Director may permit public access to certain shipwrecks to which the State holds title with appropriate restrictions to protect environmental values.

A permit for disinterment and reinterment of a dead body is issued by the State Registrar upon receipt of an application signed by the next-of-kin and the person who is in charge of the disinterment or court order or application by the Attorney General to request a special disinterment permit for legal purposes.

The State Registrar may issue 1 permit for disinterment and reinterment multiple remains provided that each body be identified as much as possible and the place of disinterment and reinterment specified.

A person may conduct field excavations of archaeological resources and surrounding locations located on state lands only upon first having obtained a permit from the Division of Historical and Cultural Affairs.

"Qualified person" means a person meeting the United States Secretary of the Interior's Professional Qualification Standards for Archeology as determined by the Director of the Division of Historical and Cultural Affairs.

After being notified of discovered human remains, the Chief Medical Examiner of the Secretary of the Department of Health shall certify in writing to the Social Services Director of the Division of Historical and Cultural Affairs, as soon as possible, whether the remains come under the Medical Examiner's jurisdiction.

If the Chief Medical Examiner of the Secretary of the Department of Health determines that the remains come under the Medical Examiner's jurisdiction, the Medical Examiner will immediately proceed with an investigation.

All those remains determined to be not within the jurisdiction of the Medical Examiner shall be within the jurisdiction of the Social Services Director of the Division of Historical and Cultural Affairs.

The Department of State relative to archaeology within the State has the duty to recover and preserve archaeological resources and to furnish objects to the Delaware State Museum, and/or other museums in the State.

All objects found on state lands during excavation conducted under a permit must be deposited for permanent preservation in either the University of Delaware Department of Anthropology or the Division of Historical and Cultural Affairs, or in another qualified repository as approved by the Director of the Division of Historical and Cultural Affairs of the Department of State.

We are unable to locate information relevant to this question at this time.

What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?

It is the duty of the Department of State relative to archaeology within the State to protect and encourage the preservation of archaeological resources located on privately owned lands in this State and too enforce the laws regulating archaeological resources situated on state-owned or state-controlled lands.

Who sits on the state historical commission, and how are these members appointed?

The Delaware Heritage Commission is composed of 15 citizens of the State appointed by the Governor for three-year terms. One of them is designated by the Governor as Chairperson of the Commission. The Governor appoints four of the members of the Commission to serve four-year terms, four members to serve three-year terms, four members to serve two-year terms, and three members to serve one-year terms. All other terms are for three years. A member appointed to fill a mid-term vacancy is appointed for the remainder of the unexpired term.

A body may not be disinterred within the State except upon a permit granted by the State Registrar of Vital Statistics. Disinterment and removal must be conducted under the personal supervision of a licensed funeral director.

Any businesses selling burial lots must keep a record of all sales of burial lots showing the name of the purchaser, whether the lot was sold with perpetual care and the gross sales price. Such records must be made available to the Attorney General of this State for inspection.

The Department of State may acquire by gift, devise, purchase or otherwise, historic buildings, sites, objects or archaeological resources it may select to prevent the further loss national heritage and culture.

The Department of State is responsible to keep in good repair all monuments, tablets and markers erected by the Historic Markers Commission and all monuments, tablets and markers erected by the Department of State.

The Department of State may establish rules or regulations regarding all aspects of state historical markers.

The Division of Historical and Cultural Affairs of the Department of State may enter into agreements with state land managing agencies for enhancing, preserving, and protecting archaeological resources located on State lands. All state and local law enforcement agencies and officers assist the Division in carrying out its duties.

What are the powers of municipal and county governments regarding park and historical sites?

We are unable to locate information relevant to this question at this time.

How do county and municipal governments oversee cemetery property?

We are unable to locate information relevant to this question at this time.

What are the powers and duties of the state historical commission?

We are unable to locate information relevant to this question at this time.

How does the state historical commission register or include historical property?

Delaware law states that a property is considered "certified historic property" when it lies within the state and has been listed in the National Register of Historic Place or has been designated as a historic property by local ordinance and certified by the Delaware State Historic Preservation Office.

What are the powers and duties of the state archaeological commission?

Archeology in Delaware is controlled by the Department of State. Its duties are:

(1) To sponsor, engage in and direct archaeological research in this State or by any archaeological society, institution, agency or association of the State.

(2) To encourage cooperation among State agencies in the preservation, protection and excavation of archaeological resources in the custody of other State agencies

(3) To protect and encourage the preservation of archaeological resources located on privately owned lands in the State

(4) To recover and preserve archaeological resources discovered during the course of any public construction in this State, when deemed appropriate by the Director of the Division of Historical and Cultural Affairs of the Department of State. This is only applicable, however, in instances where the discovery is not subject to federal laws or other state laws.

(5) To cooperate with and assist the University of Delaware and other public institutions of this State in the preservation and protection of archaeological resources

(6) To furnish materials and objects to the Delaware State Museum and other museums in the State

(7) To furnish exhibits schools of this State and to assist in the instruction of students on archeology and the State's history and heritage

(8) To cooperate with similar agencies of other states and the federal government in the interest of preservation and to ensure that all such activity of agencies and institutions is in the best interest of the State

(9) To publish and release information resulting from archaeological research conducted in the State

The Division of Historical and Cultural Affairs, with the approval of the Department of State, may formulate and adopt such rules, regulations, standards and guidelines as it deems necessary for archeological preservation and to fulfill the duties above.

The Department may enter into contracts and execute all instruments necessary to fulfill its duties including the protection, preservation, maintenance and operation of such historic property it selects.

What specific historic or cultural properties are regulated by the state’s historical commission?

The Division of Historical and Cultural Affairs of the Department of State has the authority to regulate any artifact or remains which are at least 50 years old and are of archaeological interest, including but not limited to pottery, basketry, whole or fragmentary tools, implements, containers, weapons, weapon projectiles, by-products resulting from manufacture or use of human-made or natural materials, surface or subsurface structures or portions thereof, earthworks, fortifications, ceremonial structures or objects, cooking pits, refuse pits, hearths, kilns, post molds, middens, and shipwrecks.

The Division may also regulate the site, location, or context in which such artifacts or material remains are situated.

How are trust funds for the maintenance of cemeteries established and administered?

Any corporation created under Delaware law with cemeteries in the State may take and hold any real or personal property given to the corporation to invest and reinvest the property and to use and apply the income. This income is to be used for the care, improvement or embellishment of a cemetery, the erection or preservation of structures erected or to be erected upon the lots in the cemetery, and the erection, repair, preservation or renewal of a tomb, tombstone, monument, gravestone, or mausoleum. The income may also be used for the planting and cultivating trees, shrubs, flowers or plants, or in accordance with the terms and provisions of the gift.

The Delaware Public Archives is a division within the Department of State and is charged with administering, implementing and enforcing all provisions of the Delaware Public Records Law. The Delaware Public Archives is the official repository for State archival records.

The Delaware Public Archives is be responsible for establishing and enforcing the policies and guidelines for the management and preservation of all Delaware records. The Archives administer a records management program the creation, utilization, maintenance, retention, preservation and disposal of public records. It also forms standards, procedures and techniques of recordkeeping.

The Delaware Public Archives holds records transferred into its custody, protecting, filing, classifying and cataloguing them for use. The Archives also maintains a centralized micrographics and document imaging program for the benefit of all State agencies.

How may the state enter into private contracts for recovering and preserving historical artifacts?

The Department of State may enter into contracts and execute all instruments necessary to fulfill its duties respecting the protection, preservation, maintenance or operation of such historic buildings, sites, objects or archaeological resources it may select.

We are unable to locate information relevant to this question at this time.

What funding exists for state museums’ scientific services?

The Department of State may solicit and receive funds for the purpose of restoring and equipping the State Museum. These funds are to collect and prepare suitable exhibits, purchase necessary supplies, tools and equipment and employ a curator and personnel.

Special Funding for Public Lands

What special funding sources are there for protection and preservation of burials on public lands?

The Department of State maintains a trust fund to accept, hold and administer gifts and bequests of money, and property.

Unless restricted by the terms of the gift or bequest, the Department may sell, exchange or dispose of and invest or reinvest the moneys, securities or other property given, bequeathed or appropriated to it.

When the principal and accrued interest of the trust fund is sufficient to undertake the preservation of a historic site or archeological resource, the accrued funds, principal and interest may be expended for that purpose.

Special Funding for Private Lands

What special funding sources are there for protection and preservation of burials on private lands?

The Department of State maintains a trust fund to accept, hold and administer gifts and bequests of money, and property.

Unless restricted by the terms of the gift or bequest, the Department may sell, exchange or dispose of and invest or reinvest the moneys, securities or other property given, bequeathed or appropriated to it.

When the principal and accrued interest of the trust fund is sufficient to undertake the preservation of a historic site or archeological resource, the accrued funds, principal and interest may be expended for that purpose.

State Recognition of Constituent Groups

Laws Recognizing or Acknowledging Constituent Groups

What laws are there recognizing or acknowledging constituent groups?

Delaware law does not acknowledge specific constituent groups with regard to burial law.

What tribes are recognized by the state?

Delaware law does not formally acknowledge specific tribes.The Chief of the Nanticoke Indian Tribe is named, however, as a member of the committee to be informed when Native American remains have been discovered.

Are the state-recognized tribes different from the federally-recognized tribes in the state?

There are no federally-recognized tribes in Delaware.

Enforcement Laws

What laws are there related to enforcement of recognition or acknowledgment of constituent groups?

We are unable to locate information relevant to this question at this time.

Compliance Laws

What laws are there related to compliance with recognition or acknowledgment of constituent groups?

We are unable to locate information relevant to this question at this time.

Regulatory Laws

What laws are there related to regulation of recognition or acknowledgment of constituent groups?

We are unable to locate information relevant to this question at this time.

Decision-Making Authorities

What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?

Treatment and disposition of all discovered Native American remains shall be determined by the Committee or, if direct descent can be determined, by the next-of-kin. This Committee consists of the Chief of the Nanticoke Indian Tribe, 2 members appointed by the Chief, the Director of the Division of Historical and Cultural Affairs of the Department of State and 2 members appointed by the Director and a 7th member from the private sector appointed by the Governor.

In any event, Native American skeletal remains discovered after enactment shall be reinterred within 90 days unless an extension is granted by the Committee.

If the Native American site is a historic or archeological site, the Department of State may select for preservation, acquire, repair, restore, operate and make available for public visitation the site as it deems worthy.

Definitions

Committee: a body consisting of the Chief of the Nanticoke Indian Tribe, 2 members appointed by the Chief, the Director of the Division of Historical and Cultural Affairs of the Department of State and 2 members appointed by the Director and a 7th member from the private sector appointed by the Governor. The Committee members shall be residents of the State and shall serve 1-year, renewable terms.

Director: Director of the Division of Historical and Cultural Affairs, Department of State.

Human skeletal remains" or "remains": any part of the body of a deceased human being in any stage of decomposition.

Professional archaeologist: a person having:

a. A graduate degree in archaeology, anthropology, history or another related field with a specialization in archaeology;

b. A minimum of 1 year's experience in conducting basic archaeological field research, including the excavation and removal of human skeletal remains; and

c. Designed and executed an archaeological study and presented written results and interpretations of such study.

Unmarked human burial: any interment of human skeletal remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased.

Deprive: to withhold property of another person permanently or for so extended a period or under such circumstances as to withhold a major portion of its economic value or benefit, or with intent to restore it only upon payment of a reward or other compensation, or to dispose of property of another person so as to make it unlikely that the owner will recover it.

Appropriate: to exercise control, or to aid a third person to exercise control, over property of another person permanently or for so extended a period or under such circumstances as to acquire a major portion of its economic value or benefit, or to dispose of property for the benefit of the actor or a third person.

Obtain: to bring about or receive a transfer or purported transfer of any interest in property, whether to the defendant or to another person.

Property: anything of value except land, and includes things growing on, affixed to or found in land such as topsoil, sand, minerals, gravel and the like, documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action and other interests in or claims to admission or transportation tickets, captured or domestic animals, food, drink and electric or other power.

Dealer: a person in the business of buying, selling or lending on the security of goods.

Owner: a person who has an interest in property which the defendant is not privileged to infringe

Conservation easement: a non-possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, fish and wildlife habitat, rare species and natural communities maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property.

Holder:

a. A governmental body empowered to hold an interest in real property under the laws of this State or of the United States; and

b. A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.

Archaeological investigation: any surface collection, subsurface tests, excavation, or other activity that results in the disturbance or removal of archaeological resources.

Archaeological resource: any artifact or material remains of past human life or activities which are at least 50 years old and are of archaeological interest, including but not limited to pottery, basketry, whole or fragmentary tools, implements, containers, weapons, weapon projectiles, by-products resulting from manufacture or use of human-made or natural materials, surface or subsurface structures or portions thereof, earthworks, fortifications, ceremonial structures or objects, cooking pits, refuse pits, hearths, kilns, post molds, middens, and shipwrecks; the site, location, or context in which such artifacts or material remains are situated; and any portion or piece of any of the foregoing.

Department: the Department of State.

Director: the Director of the Division of Historical and Cultural Affairs of the Department of State.

Division: the Division of Historical and Cultural Affairs of the Department of State.

National Register of Historic Places: the nation's official list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture maintained by the United States National Park Service, Department of the Interior.

Of archaeological interest: capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques such as controlled observation, contextual measurement, controlled collection, analysis, interpretation and explanation.

Person: an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer or employee, agent, department, or instrumentality of the United States or of any state or political subdivision thereof.

Agency: any office, department, board, commission or other separate unit of government of this State, including all branches of government: Executive, legislative and judicial.

Archival record: those records that contain significant information about the past or present or provide significant evidence of the organization, policies, procedures, decisions and essential transactions of public business and are therefore worthy of long-term preservation and systematic management for historical and other research.

Local government: any county, city, town, municipality or other government, created by an act of the General Assembly, that is not a state agency, department, board or commission.

Public record: any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof.

Records officer: any person or persons designated according to the provisions of this chapter, whose responsibilities include the development and oversight of agency or local government records management programs.

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